CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The United States FAA has issued AD 2008-02-12 affecting Boeing model 717-200 aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/27, which will become effective on 13 March 2008.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. It grants powers to the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. One of the significant mechanisms established by this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific requirements for the continuing airworthiness of aircraft, ensuring compliance with international standards set by the Convention on International Civil Aviation.
The introduction of ADs addresses the need for consistent and enforceable measures to maintain the airworthiness of aircraft types registered in Australia, aligning with obligations under international conventions. By issuing ADs, CASA fulfils its role as Australia’s national airworthiness authority, ensuring that aircraft meet the necessary safety standards. The process involves assessing directives issued by the State of Design and, where necessary, issuing corresponding Australian ADs to enforce these standards domestically.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific kinds of aircraft or aeronautical products, thereby ensuring the safety of air navigation. Under regulation 39.001, CASA can issue these directives, which are considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to provide necessary information to States of Registry. In the case of Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from States of Design, such as the United States in the case of the Boeing model 717-200 aircraft. These directives are issued without public consultation as they are based on international obligations and assessments by CASA, and are not subject to a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, allows for the creation and enforcement of regulations aimed at ensuring the safety of air navigation (s. 98). Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 (s. 39.001(5)). ADs are critical tools for maintaining the continuing airworthiness of aircraft types, and are typically issued by the State of Design in accordance with Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these provisions are significant for both CASA and the State of Design. The State of Design, such as the United States in the case of the Boeing 717-200, must ensure the continuing airworthiness of the aircraft type and issue relevant ADs. CASA, as Australia’s national airworthiness authority, is then required to assess these ADs and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. This process is integral to maintaining safety standards for aircraft registered in Australia.
Failure to comply with airworthiness directives can result in severe consequences. While the specific offences and penalties are not detailed in the given text, it is understood that non-compliance with ADs can lead to significant civil or criminal penalties. These could include fines, aircraft grounding, or other enforcement actions taken by CASA to ensure adherence to safety regulations. The exact penalties would depend on the severity of the non-compliance and any specific provisions outlined in the relevant regulations or other legislation.